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DECISION No

DECISION No. 307-TTg ON THE 10TH OF JUNE 1994 OF THE PRIME MINISTER PROVIDING FOR SOME QUESTIONS RELATED TO THE TRADE IN AND USE OF SUBSTITUTES FOR BREAST MILK IN SUPPORT OF BREAST FEEDING

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government on the 30th of September 1992;

Pursuant to the Law on Protection of the People's Health on the 11th of July 1989 and the Law on Chile Protection and Care and Education on the 16th of August 1991;

At the proposal of the Minister of Public Health;

In order to protect the health of children;

DECIDES:

Article 1.- Breast milk is the best food for infants. All organizations and individuals have the responsibility to protect the source of breast milk, encourage breast feeding and give the mothers full information about the benefits of breast milk as the best food and on the proper methods of rearing the child according to each stage of its development.

Article 2.-

1. The substitutes for breast milk are milk and other baby foods manufactured by industrial or handicraft methods in order to replace breast milk entirely or partly. These include milk products, cereals, vegetable compound, fruit juice, different kinds of concoctions, the milk bottle and teats.

2. The trade in and utilization of breast milk substitutes have to comply with the prescriptions in this Decision.

Article 3.- In the programs of information about the protection of the health of mothers and children, priority must be given to the information and education about the benefits of breast feeding and the methods of raising newborns and infants.

Article 4.- Documents of information and education concerning the raising of babies must meet the following requirements:

1. Ensuring the objective and scientific character.

2. Publicizing the benefits of breast milk and breast feeding, and affirming that breast milk is the best food for babies, the benefits of entirely breast feeding the baby from is birth to four or six months of age, affirming that the anti-viral substances of breast milk will help the baby resist diseases, especially infection of the respiratory system and diarrhea.

3. Publicizing the unsalutary effects of bottle-feeding.

4. The documents directing the use of breast milk substitutes must point to the unsalutary effect on the health of the baby and the high cost of using them if they are used unnecessarily or wrongly.

Article 5.- The following acts are strictly prohibited:

1. Making untruthful advertisement for the use of breast milk substitutes.

2. Presenting samples of products to mothers of newborns or other members in their family with a view to encouraging the use of these products as substitutes for breast milk.

3. Making presents or giving financial support to the medical personnel at the hospitals, maternity homes or other medical establishments with a view to promoting for commercial purpose the use of breast milk substitutes.

Article 6.- The Ministry of Public Health, the Ministry of Culture and Information, the Vietnam Committee for Child Protection and Care have the responsibility to coordinate with the Vietnam Women's Union, the Ho Chi Minh Communist Youth Union, the Vietnam Peasants' Association and the other social organizations in informing and educating the mothers on the superiority of breast milk and encouraging them to persist in feeding their babies with breast milk.

Article 7.- The Ministry of Trade shall issue import licenses to breast milk substitutes only with the consent of the Ministry of Public Health. It shall also have to manage the trade in these products on the Vietnamese market.

Article 8.-

1. The State organizations, collectives or individuals and foreign organizations in Vietnam employing women labor must create conditions for women to have periodical pre-natal exams, ensure their statutory leave before and after childbirth, ensure the statutory time for breast feeding and other interests prescribed by law.

2. The State-owned or private obstetric establishments have to encourage and create conditions for mothers to suckle their babies right half and hour after childbirth.

Article 9.- In case of necessity to use substitutes for breast milk, the medical personnel shall have to clearly explain the directions for use and the possible adverse effects of the wrong use.

Article 10.-

1. The labels of breast milk substitutes should be designed with the only purpose of directing their use. The label must specify the following:

- The additives;

- The composition of the products;

- Maintenance requirements;

- The number of the lot, the place of production;

- Expiry date;

- The way to use the product.

2. All labels of breast milk substitutes must be registered at the Invention Department of the Ministry of Science, Technology and Environment as prescribed by law.

3. The breast milk substitutes when marketed must meet the quality norms and sanitary norms prescribed by the Ministry of Public Health.

Article 11.-

1. The organizations and individuals with good records in the preservation and encouragement of breast feeding shall be commended under the common regulations of the State.

2. Those who violate the regulations in this Decision shall, depending on the extent of the violation, be subjected to discipline, administrative sanctions or investigated for penal liability. They have to pay compensations as prescribed by law if the violation causes material damage.

3. The fines under administrative sanctions are defined as follows:

a/ Fine of from 50,000 Dong to 200,000 Dong; and in aggravating circumstances up to 500,000 Dong with regard to acts of encouragement to the use of breast milk substitutes.

b/ Fines of from 200,000 Dong to 500,000 Dong, and in aggravating circumstances up to 1,000,000 Dong with regard to the violations of regulations on information and advertisement about breast milk substitutes.

c/ Fine of from 500,000 Dong to 1,000,000 Dong, and in aggravating circumstances up to 2,000,000 Dong with regard to the violations of regulations on product labels and quality.

d/ Forcible destruction of products with regard to the violations on product quality.

e/ Fine of from 200,000 Dong to 500,000 Dong; and in aggravating circumstances, to 2,000,000 Dong with regard to violations of Item 3, Article 5 of this Decision.

4. The medical inspectorate is entitled to hand administrative sanctions according to Item 3 of this Article.

Article 12.-

1. This Decision takes effect on the date of its signing. The earlier regulations contrary to this Decision are now annulled.

2. The Ministers of Public Health, Trade, Culture and Information and the Chairwoman of the Vietnam Committee for Child Protection and Care shall have to direct the implementation of this Decision.

3. The Ministers, the Heads of ministerial-level agencies, the Heads of agencies attached to the Government, the Presidents of the People's Committees of provinces and cities directly under the Central Government shall have to implement this Decision.

For the Prime Minister

Deputy Prime Minister

NGUYEN KHANH